23 LC 51 0349S
H. B. 452 (SUB)
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The House Committee on Agriculture and Consumer Affairs offers the following
substitute to HB 452:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general1
provisions relative to agriculture, so as to prohibit the acquisition of possessory interest in2
certain land by certain nonresident aliens; to provide for definitions; to provide for3
exceptions; to provide for rules and regulations; to provide for disclosures; to provide for4
related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions8
relative to agriculture, is amended by adding a new Code section to read as follows:9
"2-1-7.10
(a) As used in this Code section, the term:11
(1) 'Agricultural land' means any land capable of use in the production of agricultural12
crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy13
products, or fruit or other horticultural products, but does not include any land zoned by14
a local governmental unit for a use other than and nonconforming with agricultural use.15
(2) 'Nonresident alien' means:16 23 LC 51 0349S
H. B. 452 (SUB)
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(A) Any natural person described in subsection (a) of Code Section 1-2-11 who is not17
a United States citizen or legal permanent resident, is a subject of a foreign government18
designated as a foreign adversary by the United States Secretary of Commerce, and:19
(i) Has been physically absent from the United States for more than six months out20
of any 12 month period; or21
(ii) Has been physically absent from Georgia for more than two months out of any 1222
month period;23
(B) A corporation, partnership, limited partnership, trustee, or other business entity that24
is:25
(i) Domiciled in a country whose government is designated as a foreign adversary by26
the United States Secretary of Commerce; or27
(ii) Domiciled within the United States, but which is owned wholly or in majority by28
any corporation, partnership, limited partnership, trustee, or other business entity29
domiciled in a country whose government is designated as a foreign adversary by the30
United States Secretary of Commerce; or31
(C) A foreign government designated as a foreign adversary by the United States32
Secretary of Commerce.33
(b) Except as provided by subsections (c) and (d) of this Code section, no nonresident alien34
shall acquire directly or indirectly any possessory interest in agricultural land or land within35
a 25 mile radius of any military base, military installation, or military airport.36
(c)(1) A nonresident alien may acquire a possessory interest in agricultural land by37
devise or inheritance, as security for indebtedness, in the collection of debts, or by any38
procedure for the enforcement of a lien or claim thereon, whether created by mortgage39
or otherwise.40
(2) Any such possessory interest in agricultural land acquired by a nonresident alien in41
the collection of debts or by any procedure for the enforcement of a lien or claim thereon42
shall be disposed of within three years after acquiring such possessory interest.43 23 LC 51 0349S
H. B. 452 (SUB)
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(3) Any such possessory interest in agricultural land acquired by a nonresident alien by44
devise or inheritance shall be disposed of within one year after acquiring such possessory45
interest.46
(d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to47
subsection (c) of this Code section may avoid disposing of such interest if, within the time48
required for disposal, such nonresident alien terminates said nonresident alien status.49
(e) The Commissioner, in consultation with the Secretary of State, shall promulgate rules50
and regulations as necessary to implement the provisions of this Code section.51
(f) A broker who is engaged by client who is a prospective buyer or seller of a possessory52
interest in agricultural land shall timely disclose to said client the requirements and53
limitations of this Code section. For purposes of this subsection, the terms 'broker,' 'client,'54
and 'timely' shall have the same meanings as provided in Code Section 10-6A-3."55
SECTION 2.56
All laws and parts of laws in conflict with this Act are repealed.57